Excel & Me Part 2

claretmad62

No attendant on that site as far as I am aware, I would assume they would take photo if that was the case. Yep, one of the two...but as you say do they not need to provide strict proof ?

Coupon-mad

They do but they won't - which puts you in a better position in court. They should supply evidence from the P&D machine logs, do NOT ask for it, you do not want that (I've seen one purporting to be a day's machine logs and anyone could have typed it).

claretmad62

Ok, I will just let this one lie until the next correspondence...thanks

claretmad62

Just a quick update on this, thought Id take a look at the PCN again...there doesn't seem to be a Title
Notice to Keeper, Driver etc...it is addressed to my wife but that's it. It just mentions the T&C's to which the driver agrees to...etc

Does this alter the effectiveness of the document in anyway shape or form ?

https://www.dropbox.com/s/ebop5fppzkpfhhp/20170214_132101-1.pdf?dl=0

Coupon-mad

It's a postal 'Parking Charge Notice (top right) sent to the keeper having obtained DVLA data, which makes it a Notice to Keeper.

And it's the standard Excel type which is not a POFA one, no 'keeper liability' suggested, no warnings of that, just a vague 'assumption that you were the driver' which takes them precisely nowhere (unless a Judge is clueless and if it wasn't argued well) if the keeper has never identified that driver.

claretmad62

Ok, sorry to waste your time on that...my other one has a clear title as have others I've just looked at on the Web.

claretmad62

Morning all.

Quick update, received this letter yesterday...all very strange but they are going over the same ground from 4 months ago. Question, should I respond to this one in anyway ?

https://www.dropbox.com/s/wlfu8tiu05ugu5o/BW-EXCEL%20Latest%20F28.pdf?dl=0

Thanks

Coupon-mad

They keep doing that as they are so disorganised! I would reply by email, saying your position is unchanged.

claretmad62

Generally done it by letter, but ok will try by email. Will create a gmail account specifically for this, don't want them contacting on mine.
How's this as a response, to much war and peace ?...trying to slow them down a tad

I request "strict proof" of liability as no keeper liability has been created because of the failure to follow the protocols of the PoFA.

In the meanwhile, please supply a copy of the contract between the landowner and your client that assigns the right to enter into contracts with the public and a reference number for the planning permission for their signage and ticket machines at the site in question.

This request is made under CPR 31.2 and the said documents should be sent before any claim is made to the courts or within 14 days, whichever is the sooner, Any claim will be rigourously defended.

Coupon-mad

Yep that's fine.